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(영문) 부산고등법원(창원) 2019.05.29 2019누10309

화물자동차운송사업허가신청반려처분취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasoning of this Court's explanation concerning this case is as stated in the reasoning of the first instance court's decision, except for the case where "former Trucking Law" is applied to "former Trucking Law", five 11-12 of the first instance court's decision.

Therefore, based on Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, this is quoted.

(1) The plaintiff argues that the supplementary provision of this case is unconstitutional, but the supplementary provision of this case cannot be deemed unconstitutional as well as the supplementary provision of this case cannot be denied its effect unless the decision of unconstitutionality has been made in accordance with the procedure for adjudication on constitutionality of the supplementary provision of this case. Thus, the plaintiff's claim should be dismissed as it is without merit. The judgment of the court of first instance is justified as it is with this conclusion.

Therefore, the plaintiff's appeal is dismissed. It is so decided as per Disposition.